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PEOPLE EX REL. SANTORA v. ETHEREDGE

233 A.D.2d 538 (1996)

650 N.Y.S.2d 994

The People of the State of New York ex rel. Dante H. Santora, on Behalf of Zavier Etheredge, Respondent, v. Janice L. Etheredge, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1996

Ordered that the judgment is affirmed insofar as appealed from, with costs payable by the appellant to the respondent.

The Supreme Court properly awarded custody to the father. The preeminent concern in the child custody matters is the best interests of the child (see, Eschbach v Eschbach, 56 N.Y.2d 167). Inasmuch as no prima facie right to custody exists in favor of either...

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